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(영문) 부산지방법원 동부지원 2019.01.30 2018고단2101

공무집행방해등

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 19, 2018, the Defendant: (a) reported on August 22, 2018, 22:30, that there was a person who satisfies in the street in Busan Metropolitan City, and was sent to the scene by the victim E, a police station affiliated with the Busan Metropolitan Transportation Police Station Down, who was asked questions about the circumstances and others by the victim E, a police officer affiliated with the Busan Metropolitan Transportation Police Station Down, and the F, etc., who received questioning of the victim; and (b) made a public insult of the victim by “the victim, who was suffering from satisfing, satfing, satfing, sating, and satisfying his name,” and “the victim, who was satched, shall open his name to satisfing, satfing, sating, and video-recording damage.”

2. The Defendant refused to present an identification card at the time and place indicated in the foregoing Paragraph 1, and neglected to do so, and told the chest part of E, which prevents him from doing so, twice in his hand, and told him as follows: “I am dead at the end of his house,” and “I am dead in prison, I am dead.”

As a result, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police investigation of suspect with regard to F;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes concerning partial use of violence;

1. Relevant Article 311 of the Criminal Act, Articles 136 (1) and 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;